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21 S.C. Eq. 334

Coleman v. Davis

Court of Appeals of South Carolina

Decided November 15, 1848

Court of Appeals of South Carolina · decided 1848-11-15

Before Caldwell, Ch. at Marion, Febuary Sittings, 1848. Caldwell, Ch. This was an original and amended bill, filed by the plaintiffs against A. G. Davis and Daniel H. Davis, the surviving executors of Joseph Davis Sr., and against the administrators and heirs of Benj.

Decided 1848-11-15

Johnston, Ch.

¶1delivered the opinion of the Court.

¶2The doctrine is well established that when an aet is per-f°rm0d bY a trustee, purporting to be an execution of his trust, he is, thenceforth, to be regarded as standing at arms length from the cestui que trust; who is put to the assertion of his *341claims, at the hazard of being barred by the Statute of limitations.’ *

x strob. Eq?’ 79!

¶3This change in the relations of the parties in this case ivas produced by the release of the plaintiff, Coleman, when he received the $125. The release was a void contract by reason of his infancy. But the transaction out of which it arose gave currency to the Statute: and having neglected his remedy for four years after he attained majority, he is barred.

¶4It is ordered, that the decree be reversed and the bill dismissed.

Dunkin, Ch. and Dargan, Ch. concurred.

¶5Decree reversed.

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